This means that the bill is now passed in the Senate. Since the bill has already been passed in the House of Representatives, the bill will now become law.

The main idea of the bill is to ensure that asylum seekers who unlawfully arrive anywhere in Australia are subject to the same regional processing arrangements as asylum seekers who arrive at an excised offshore place such as Christmas Island.

Background of the Bill

This bill was introduced in response to a report by the Expert Panel on Asylum Seekers, particularly Recommendation 14 which states that: "the Migration Act 1958 be amended so that arrival anywhere on Australia by irregular maritime means will not provide individuals with a different lawful status than those who arrive in an excise offshore place".(Read the full report here. )

By implementing this recommendation, the bill extends the excision regime that was introduced in 2001 following the Tampa affair. That regime provides that asylum seekers who arrive in Australia at excised offshore places are unable to apply for protection visas (in effect, refugee status under Australian law) unless the Minister for Immigration and Citizenship decides it is in the public interest that they do so. The effect of this bill will be to extend the excision provisions to the whole country.(More information on the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 is available on the bills digest (680 KB). Also see an ABC news report explaining the effect of this bill here.)

This means that all asylum seekers arriving by boat in either mainland Australia or an offshore Australian territory that has been excised are unable to apply for protection visas and will be sent to regional processing countries (currently Papua New Guinea and Nauru) for the processing of their refugee claims. The rationale behind this legislation is the need to discourage asylum seekers arriving in Australia by boat because of the dangers involved.

This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.

The main idea of the bill is to ensure that asylum seekers who unlawfully arrive anywhere in Australia are subject to the same regional processing arrangements as asylum seekers who arrive at an excised offshore place such as Christmas Island.

Background of the Bill

This bill was introduced in response to a report by the Expert Panel on Asylum Seekers, particularly Recommendation 14 which states that: "the Migration Act 1958 be amended so that arrival anywhere on Australia by irregular maritime means will not provide individuals with a different lawful status than those who arrive in an excise offshore place".(Read the full report here. )

By implementing this recommendation, the bill extends the excision regime that was introduced in 2001 following the Tampa affair. That regime provides that asylum seekers who arrive in Australia at excised offshore places are unable to apply for protection visas (in effect, refugee status under Australian law) unless the Minister for Immigration and Citizenship decides it is in the public interest that they do so. The effect of this bill will be to extend the excision provisions to the whole country.(More information on the Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Bill 2012 is available on the bills digest (680 KB). Also see an ABC news report explaining the effect of this bill here.)

This means that all asylum seekers arriving by boat in either mainland Australia or an offshore Australian territory that has been excised are unable to apply for protection visas and will be sent to regional processing countries (currently Papua New Guinea and Nauru) for the processing of their refugee claims. The rationale behind this legislation is the need to discourage asylum seekers arriving in Australia by boat because of the dangers involved.

The majority voted in favour of a motion introduced by Labor Senator Kate Lundy. The motion is:

That, for the purposes of section 198AB of the Migration Act 1958, the Senate approves the designation of the Republic of Nauru as a regional processing country, by instrument made on 10 September 2012.

Since a resolution to this effect has already passed in the House of Representatives,(See ABC News for more here. Also this World Today report.) passing this motion means that Nauru can now to designated as a regional processing country.

This means that the bill is now passed in the Senate and, as it has already passed in the House of Representatives, it will now become law.

The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims.

Background to the bill

The bill was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in Plaintiff M70/2011 v Minister for Immigration and Citizenship [2011] HCA 32, which put an end to the Labor Government's Malaysia Solution policy.(Read more about the decision on Wikipedia here and on ABC News here. Read more about the effect of this decision on the Malaysia Solution here.)

To this end, the bill amends the Migration Act 1958 to replace the existing framework for taking offshore entry persons to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island, and alters the Immigration (Guardianship of Children) Act 1946 in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.

This means that the majority agree with the main idea of the bill and that it will now proceed to the Senate Committee, where aspects of the Bill are discussed in greater detail.

The purpose of the bill is to introduce a new framework for taking offshore entry persons (that is, people who arrive without a visa at an excised offshore place such as Christmas Island) to another country for assessment of their refugee claims.

Background to the bill

The bill was originally introduced in the House of Representatives as the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011. It was drafted in response to the High Court's judgement in Plaintiff M70/2011 v Minister for Immigration and Citizenship () HCA 32, which put an end to the Labor Government's Malaysia Solution policy.(Read more about the decision on Wikipedia here and on ABC News here. Read more about the effect of this decision on the Malaysia Solution here.)

To this end, the bill amends the Migration Act 1958 to replace the existing framework for taking offshore entry persons to another country for assessment of their claims to be refugees. The bill also replaces discretionary detention with mandatory detention for all asylum seekers at an offshore place, such as Christmas Island, and alters the Immigration (Guardianship of Children) Act 1946 in relation to making and implementing any decision to remove, deport or take a non-citizen child from Australia by overriding the guardianship obligations under that Act.

References

Yes

No

Passed by a large majority

How
"voted moderately against"
is worked out

The MP's votes count towards a weighted average where the most important votes get
50 points,
less important votes get
10 points,
and less important votes for which the MP was absent get
2 points.
In important votes the MP gets awarded the full
50 points
for voting the same as the policy,
0 points
for voting against the policy, and
25 points
for not voting. In less important votes, the MP gets
10 points
for voting with the policy,
0 points
for voting against, and
1
(out of 2)
if absent.

Then, the number gets converted to a simple english language phrase based on the range of values it's within.

No of votes

Points

Out of

Most important votes (50 points)

MP voted with policy

0

0

0

MP voted against policy

1

0

50

MP absent

2

50

100

Less important votes (10 points)

MP voted with policy

0

0

0

MP voted against policy

5

0

50

Less important absentees (2 points)

MP absent*

1

1

2

Total:

51

202

*Pressure of other work means MPs or
Senators are not always available to vote – it does not always
indicate they have abstained. Therefore, being absent on a less
important vote makes a disproportionatly small
difference.